Negligence - Duty & Breach Flashcards
1
Q
Attractive Nuisance Doctrine
A
Not recognized in VA, but there is a greater duty of care owed when children are on the land
2
Q
Exception to Negligent Rescue
A
VA Good Samaritan statute
3
Q
VA Good Samaritan statute
A
- Protects persons who, while attempting to assist injured or at-risk persons, may be deemed to have caused them further injury
- Applies to all persons who provide aid in an emergency, not just medical personnel.
4
Q
VA Bystander Rules
A
- Bystander must have been in the zone of danger themselves (so close, they could have been a victim too)
- P must prove symptoms or manifestations of physical injury by clear and convincing evidence
5
Q
VA Essay Exam Tip: Breach
A
Explain why the breach is unreasonable:
- “This conduct is unreasonable because…”
- “…a reasonably prudent person would not leave a spill out for a week because people will slip in it.”
